Washington Administrative Code

(1) Signatories provide assistance to the department in overseeing the establishment and operation of that bank.(2) Signatories provide input to the department on whether a credit release petition should be granted.(3) Signatories review and provide comments to the department on …

A decision to issue or deny a final certification may be appealed to the pollution control hearings board under chapter 43.21B RCW.[Statutory Authority: Chapter 90.84 RCW. WSR 09-19-013 (Order 04-13), § 173-700-800, filed 9/3/09, effective 10/4/09.]

The purpose of this chapter is to set forth limitations on the allocation and uses of moneys administered by the department of ecology for purposes of providing grants and loans for wastewater treatment facilities, agricultural pollution abatement facilities, and lake restoration…

(1) "Department" means the Washington state department of ecology.(2) "Wastewater treatment works construction program" (hereinafter referred to as the wastewater treatment program) means the state/local program of grants and loans under chapter 43.99F RCW (Referendum 39) to publ…

(1) The following water program projects shall be eligible for state grants, loans, or combination of grants and loans in an amount not to exceed seventy-five percent of the total eligible cost of the project as determined by the department and subject to the special provisions c…

The department will publish guidelines which establish procedures for awarding grants and eligibility criteria for each Referendum 39 grant program identified in WAC 173-80-030(1). These guidelines will describe the grant application, review, and award process and will be availab…

(1) In instances where applications for wastewater treatment works grant funds exceed the amount currently available to the department, the director will establish a project priority list using published priority rating criteria which consider, but are not limited to, the followi…

(1) General eligibility requirements include:(a) The lake must have a documented water quality problem which is resulting in impairment of beneficial uses;(b) The proposed project must be sponsored by a public body as defined in chapter 43.99F RCW;(c) The project sponsor must be …

(1) General eligibility requirements include:(a) The project sponsor must be a public body as defined in chapter 43.99F RCW;(b) Eligible project elements must benefit the public and be utilized by more than one member of the sponsoring group or agency;(c) The project must directl…

This chapter is not applicable to the allocation and uses of moneys administered by the department of ecology pursuant to chapter 3, Laws of 1986.[Statutory Authority: 1986 c 3 § 4. WSR 86-19-041 (Order DE 86-26), § 173-80-080, filed 9/12/86.]

These rules are promulgated under RCW 43.21C.120 (the State Environmental Policy Act) and chapter 197-11 WAC (SEPA rules).[Statutory Authority: RCW 43.21C.120 and 43.21C.135. WSR 84-13-037 (Order DE 84-21), § 173-802-010, filed 6/15/84. Formerly chapter 173-801 WAC.]

The department of ecology adopts the following sections or subsections of chapter 197-11 WAC by reference. 197-11-040Definitions. 197-11-050Lead agency. 197-11-055Timing of the SEPA process. 197-11-060Content of environmental review. 197-11-070Limitations on actions during SEPA p…

This chapter implements the statewide rules in chapter 197-11 WAC as they apply to the department of ecology.[Statutory Authority: RCW 43.21C.120 and 43.21C.135. WSR 84-13-037 (Order DE 84-21), § 173-802-030, filed 6/15/84. Formerly chapter 173-801 WAC.]

In addition to the definitions contained in WAC 197-11-700 through 197-11-799, the following terms shall have the listed meanings:(1) "Office" means one of the five offices in the department of ecology supervised by an assistant director.(2) "Region" means any one of the four reg…

Within the department of ecology, the ultimate responsible official is the director. The responsible official for a specific proposal shall be the person who has been delegated signature authority per WAC 173-06-030, unless more than one person has such authority in a proposal; i…

(1) Department staff receiving a permit application will determine whether the proposal is an "action" and, if so, whether it is "categorically exempt" from SEPA. If the proposal is an action and is not exempt, the staff person should ask the applicant to complete an environmenta…

When reviewing a completed environmental checklist to make the threshold determination, the responsible official or his designee will:(1) Independently evaluate the responses of the applicant and note comments, concerns, corrections, or new information in the right margin of the …

(1) An applicant may ask the department whether issuance of a DS is likely for a proposal. This request for early notice must:(a) Be written;(b) Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency;…

(1) Preparation of draft and final EISs and SEISs is the responsibility of the environmental review section. Before the department issues an EIS, the responsible official shall be satisfied that it complies with these rules and chapter 197-11 WAC.(2) The department normally will …

(1) The department shall give public notice when issuing a DNS under WAC 197-11-350(2), a scoping notice under WAC 173-802-090, or a draft EIS under WAC 197-11-455.(2) Whenever possible, the department shall integrate the public notice required under this section with existing no…

(1)(a) The overriding policy of the department of ecology is to avoid or mitigate adverse environmental impacts which may result from the department's decisions.(b) The department of ecology shall use all practicable means, consistent with other essential considerations of state …

(1) In determining whether a proposal is exempt from SEPA, the department shall respect "environmentally sensitive area" designations made by local governments under WAC 197-11-908.(2) The department shall maintain files of the maps and SEPA procedures that cities/counties must s…

(1) In determining whether a proposal is exempt from SEPA, the department shall respect the threshold levels adopted by cities/counties under WAC 197-11-800(1).(2) The department shall maintain files of the SEPA procedures that cities/counties must send to the department under WA…

(1) The environmental review section of the department shall be responsible for the following:(a) Coordinating agency activities to comply with SEPA, encouraging consistency in SEPA compliance among all regions and programs.(b) Providing information and guidance on SEPA and the S…

When the department is considering an action which also involves federal actions, it shall attempt to coordinate the two governmental processes so that only one environmental impact statement need be prepared for that proposal.[Statutory Authority: RCW 43.21C.120 and 43.21C.135. …

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.[Statutory Authority: RCW 43.21C.120 and 43.21C.135. WSR …

(1) The Washington state legislature has required that a convenient, safe, and environmentally sound system for the collection, transportation, and recycling of covered electronic products (CEPs) be established throughout Washington state. The legislature determined that such a s…

This chapter applies to:(1) Any manufacturer, as defined in this chapter.(2) The authority or authorized party for a covered electronic product (CEP) recycling plan.(3) Any person who collects covered electronic products (CEPs) in Washington state for a CEP recycling plan approve…

"Authority" means the Washington materials management and financing authority."Authorized party" means a manufacturer who submits an individual independent plan or the entity authorized to submit an independent plan for more than one manufacturer."Board" means the board of direct…

(1) The following manufacturers must register with ecology and participate in a CEP recycling plan:Table 200Type of ManufacturerType of ManufacturerInitialRegistrationDue DateMust be Listed as a PlanParticipant By:Existing manufacturersThose entities whose CEPs are offered for sa…

(1) In order for a manufacturer's brands of CEPs to be offered for sale or sold in or into Washington state, the manufacturer's name and brand names must be listed on the "manufacturer registration list" as "in compliance" or "pending" status.(2) To be in "in compliance" status a…

(1) Beginning January 1, 2007, no person may sell or offer for sale an electronic product to any person in or into Washington state unless the electronic product is labeled with the manufacturer's brand.(2) The label must be permanently affixed and readily visible.(3) In-state re…

Step 1: Complete the manufacturer registration form.(1) CEP manufacturers must use the online or paper manufacturer registration form provided by ecology.(2) A manufacturer must provide all of the following information to ecology:(a) The name, contact, and billing information of …

Step 1: Ecology review of the manufacturer registration form.(1) Within five business days of ecology receiving a manufacturer registration form and the required administrative fee (see WAC 173-900-280), ecology will:(a) Place the manufacturer in "pending" status on the "manufact…

(1) After initial registration, to remain registered, manufacturers must submit a registration form and required administrative fee to ecology each year.(2) Annual registration is due no later than January 1 of each calendar year for the next program year.(3) The manufacturer mus…

(1) If there are any changes to the information on the manufacturer's registration approved by ecology, a registered manufacturer must submit an updated form within fourteen days of when any change occurs.(2) The manufacturer must submit updates using one of the options below:(a)…

(1) Beginning January 1, 2007, ecology may inspect any retailer's CEP inventory offered for sale in or into Washington state to determine if the requirements in this chapter are met. If ecology determines a violation has occurred, ecology will document each violation and follow t…

(1) A manufacturer is in violation of this chapter when there is a:(a) Registration violation;(b) Labeling violation; or(c) Plan violation.Manufacturer registration violations:(2) A manufacturer is in "registration violation" of this chapter if any of the following occurs:(a) The…

Table 260Manufacturer Warning and PenaltiesType ofViolationWritten WarningFirstPenaltySecond and Subsequent PenaltiesRegistrationViolationWarning LetterUp to $1,000Up to $2,000LabelingViolationWarning LetterUp to $1,000Up to $2,000PlanViolationWarning LetterUp to $10,000Up to $10…

(1) If a manufacturer is in "in violation" status, ecology will not return them to "in compliance" status until the manufacturer corrects the violation.Corrective actions for manufacturer registration violations:(2) To correct a registration violation the manufacturer must:(a) Pr…

(1) Legislative mandate. The administrative fee covers ecology's administrative costs related to implementing the electronic product recycling program authorized under chapter 70.95N RCW. It does not include the fees for ecology's review of the standard plan or independent plans.…

Any person acquiring a manufacturer, or brand, or who has acquired a manufacturer, or brand, shall have all responsibility for the acquired company's CEPs, including CEPs manufactured prior to July 1, 2006, unless that responsibility remains with another entity per the purchase a…

(1) CEP recycling plans (plans) must provide a program for the collection, transportation, processing, and recycling of CEPs produced by any manufacturer from covered entities in Washington state.(2) All plans intending to begin implementation on or before January 1, 2009, must b…

A manufacturer must participate in the standard plan administered by the authority unless the manufacturer has approval to participate in an ecology approved independent plan.(1) The authority is responsible for collecting, transporting, processing, and recycling the sum of the e…

(1) A single manufacturer or a group of manufacturers may submit an independent plan to ecology for approval if:(a) For program year 2016 and all subsequent program years, the manufacturers participating in the proposed plan represent at least five percent market share of CEPs; a…

(1) All plans must contain all of the following sections and required information:(a) Binding agreement;(b) Standard plan participant assessment of charges or apportionment of costs (standard plan only);(c) Letter of certification (independent plan only);(d) Use of Washington bus…

Step 1: Format of the CEP recycling plan.(1) All plans must use the "CEP recycling plan template" provided by ecology.(2) The authority or authorized party must submit paper copies of their plan in a three-ring binder so that individual pages can be submitted and replaced when up…

(1) The authority or authorized party of each plan approved for program year 2009 must implement the plan no later than January 1, 2009.(2) All manufacturers registered as of January 1, 2009, must be participating in a fully operational, ecology approved, plan as of January 1, 20…

(1) The authority or authorized party must update or revise the plan in the following situations:(a) For five-year renewal;(b) The plan has failed to provide services; and(c) Plan updates or revisions are required.(2) Five-year renewal: The authority or authorized party must:(a) …

(1) Ecology shall review and approve plans. The authority or authorized party will pay ecology's plan review and approval costs.(2) Plan review and approval includes ecology's costs for:(a) Review;(b) Approval; and(c) Update and plan revision review and approval.(3) Ecology shall…